Legal Question in Real Estate Law in California

Re: Water Damage and Shoddy Maintenance for 5+ Years

You're probably on a month to month tenancy. Which means when you complain they'll give you a 30 day notice to move. Which is retaliatory. However, who'll win in court is up for grabs. So that leaves you Civil Code Section 1942 remedies. You may notice the landlord concerning repairs that are necessary. And if the landlord doesn't respond you may have the work done, and take it out of one months rent. You can only go up to one months rent, and do this once each twelve month period. Sounds like the repairs probably exceed one months rent. That leaves you to withhold rent until the landlord does the repairs. Again the judge at the ensuing trial will be the final determinator of who is in the right or wrong. And judges tend to realize that landlords need to have you out to do major repairs. So the judge is very likely to reduce the rent you'll owe. But award the landlord possession. This means you'll have to move. And the Unlawful Detainer Complaint will be held against you by any landlord that subscribes to a U. D. Service contemplating you as a tenant. You should consider moving as an alternative to legal action. The mold is your real problem. How's that effecting your health? At this time I'm not aware of any authority (medical or otherwise) that really knows the possible adverse health consequences.

Re: Water Damage and Shoddy Maintenance for 5+ Years

An alternative course of action would be to contact the local building department regarding the condition of the bathroom city. The building inspector can order the apartment owner to make the necessary repairs. The citation from the building department will be helpful if the apartment ownere takes legal action. This action will also give you some ammunition to show retaliatory eviction.